Auto Channel Limited v Chin, Martin Paul, Jennifer Doolam Chin and National Commercial Bank Limited
Civil Procedure – Civil Procedure Rules - Summary Judgment – Agreement for Sale – Notice to Complete – Vacant Possession – Rescission of Agreement – Whether Agreement Completed by Delivery of Bank Undertaking for Payment of Purchase Price and Costs – Civil Procedure Rules (“CPR”) 2002, R. 15.6, 10.5, 26.3(1)(b) and (c), 64.6 and 64.6(4)(d).
Robinson, Winston v The University Hospital Board of Management
Medical Negligence - Expert reports – Whether the Claimant has established breach of the duty of care.
Morgan, Ray v Clerk of Court, Kingston & St. Andrew, Parish Court, Judge of the Parish Court, Kingston & St. Andrew and Tower Street Adult Correctional et al
Constitutional law - Assessment of Damages for unlawful detention of 2,504 days - Failure of machinery for timely appellate review - No record of appeal produced - Claimant served six years eight months in excess of sentence as a result - Due process rights breached - Privy Council remits for rehearing on sentence - Tapered rate - Vindicatory damages awardes.
Robinson-Brown, Rose v Simpson, Jason and Michael Marlon Malcolm
Negligence - Collision between pedestrian and motor vehicle - Contributory negligence - Duty of care - Liability - Quantum of damages.
Waul, Maureen Rose v Waul, Courtney Osborne
Real Property - Severance of joint tenancy - Beneficial interest.
Stewart, Adam; Jaime Stewart McConnell and Brian Jardim v Veira, Hugh Martin, Elizabeth Desnoes, Trevor Patterson and Cheryl Hamersmith-Stewart
Probate - Civil Procedure Rules, R. 64.6(2) (3) and (4) - Claim by executors to be released - Application for joinder refused by Court - Costs – Whether the appropriate costs order should be no order as to costs or costs to be paid out of the estate - Special costs certificate.
Rowe, Marlando v The Director of Public Prosecutions
Bail - Appeal from decision of Parish Court.
Dunbar, Jacqueline v Dunbar, Anthony
Matrimonial Property - Division of Matrimonial Property – Whether the Equal Share Rule should be applied – Property Rights of Spouses Act
National Commercial Bank Jamaica Limited v Laing, Janene
Civil procedure – Breach of Contract - The Banking Services Act, The Consumer Protection Act - Whether the conduct and representations of the Claimant amount to negligence, negligent misstatement and/or breach of the implied duty of care and skill - Failure to exercise due diligence - Indemnity clauses - Implied terms in a contract - Unjust enrichment - Whether the Claimant is estopped from recovering the sums lost.
Keniston, Deena v Clarke, Leandy
rust – Disputed property ownership – Whether the legal ownership of the Fort Charles property registered in the joint names of the claimant and the defendant is held on trust for the claimant - Whether the claimant intended to make a gift of purchase of half share in the property to the defendant – Whether legal ownership of the Toyota Wish Motor car registered in the joint names of the claimant and the defendant is held on trust for the claimant - Whether the claimant intended to make a gift of purchase of half share in the Toyota Wish Motor car to the defendant – Presumption of resulting
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